{"id":305,"date":"2024-01-29T00:55:43","date_gmt":"2024-01-29T00:55:43","guid":{"rendered":"https:\/\/gearshifter.com.au\/?page_id=305"},"modified":"2026-04-22T06:07:41","modified_gmt":"2026-04-22T06:07:41","slug":"terms-conditions-buyer","status":"publish","type":"page","link":"https:\/\/gearshifter.com.au\/?page_id=305","title":{"rendered":"Terms & Conditions Buyer"},"content":{"rendered":"\t\t
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Gearshifter Website terms and conditions for buyers<\/strong>
Terms and Conditions applicable to a buyer of Products using Gearshifter Buy
Sell Trade Pty Ltd (ACN 640 595 599) (\u201cGearshifter\u201d).
These terms and conditions are the contract between you and Gearshifter (\u201cus\u201d, \u201cwe\u201d,
etc). By visiting or using Our Website, you agree to be bound by them. Our Suppliers
(Sellers) may also impose additional terms and conditions to which your contract with
them will be subject.
Gearshifter is a trade name of Gearshifter Buy Sell Trade Pty Ltd, ACN 640 595 599
incorporated in Australia, whose registered office is at Treyvaud Sheard Partners Pty
Ltd Suite 2, 1 Sigma Drive, Croydon South, VIC, 3136.
Under 18 years? Sorry, but we deal only with people who are legally able to enter
into a binding contract. Please ask someone over 18 to buy a Product on your behalf.
If you use Our Website, you do so in accordance with these terms. If you are unable
to accept these terms, your only remedy is to leave Our Website and stop using the
Services.<\/p>\n\n

    \n
  1. Definitions
    \u201cContent\u201d means the textual, visual or aural content that is encountered
    as part of your experience on Our Website. It may include,
    among other things: text, images, sounds, videos and
    animations. It includes content Posted by you.
    \u201cOur Website\u201d means any website of ours, and includes all web pages
    controlled by us.
    “Post” means upload or place on or into Our Website any Content
    or material of any sort by any means.
    \u201cProduct\u201d means any item offered for sale on Our Website, whether
    physical goods or downloads.
    \u201cSeller\u201d means a person who offers a Product for sale on Our
    Website.
    \u201cService\u201d means any service we provide through Our Website,
    whether free or charged.<\/li>\n\n
  2. Our contract
    2.1 Gearshifter is neither a buyer nor seller of Products offered for sale in
    any form. Gearshifter is never either a principal or agent in a buying
    transaction.
    2.2 Gearshifter is a marketplace. We are agents of a Seller only to the
    extent of use of Our Website as a platform for sale of the Seller\u2019s
    Products to you.
    2.3 We are not responsible for receiving and transferring your money to the
    Seller.
    2.4 We welcome any comment or complaint about a Seller, which you
    make through Our Website. We may act upon a complaint in our
    discretion, for the benefit of the body of Gearshifter members.
    2.5 We are not responsible for delivery of any Product you order or for the
    returns and repayment procedure should you decide to return a Product
    for any reason.
    2.6 These terms and conditions regulate the business relationship between
    you and us. By using Our Website free of charge, you agree to be
    bound by them.
    2.7 We provide a market place for the supply of Products. We are in no way
    responsible for:
    2.7.1 your locating and ordering a Product;
    2.7.2 your choice of a Product;
    2.7.3 any aspect of the provision of the Product;
    2.7.4 refund payment for any Product;
    2.7.5 any complaint about any Product.
    2.8 In any dispute with a Seller, you should deal only with the Seller. We
    have neither legal obligation nor detailed information about the Product.
    2.9 We may change this agreement in any way at any time. The version
    applicable to your contract is the version which was Posted on Our
    Website at the time that the contract was made.<\/li>\n\n
  3. Your account and personal information
    3.1 When you visit Our Website, you accept responsibility for any action
    done by any person in your name or under your account or password.
    You should take all necessary steps to ensure that the password is kept
    confidential and secure and should inform us immediately if you have
    any reason to believe that your password has become known to
    anyone else, or if the password is being, or is likely to be, used in an
    unauthorised manner.
    3.2 You agree that you have provided accurate, up to date, and complete
    information about yourself. We are not responsible for any error made
    as a result of such information being inaccurate.
    3.3 You agree to notify us of any changes in your information immediately it
    occurs. If you do not do so, we may terminate your account.<\/li>\n\n
  4. The buying procedure
    4.1 Gearshifter is not responsible for the fulfilment of your contract to buy a
    Product.
    4.2 We are not responsible for indicating whether there are any further
    taxies, duties or levies payable on a product listed on Our Website by
    Sellers the Buyer must take responsibility for enquiring about this with
    the Seller and obtaining their own legal and or financial advice.
    4.3 Unless it is clear to the contrary, you may assume that every sale is
    made by the Seller in the course of his business.
    4.4 Products may be offered for sale subject to any discount or promotion
    arranged between Gearshifter and the Seller.
    4.5 Subject to discounts and promotions, Products are offered for sale at a
    fixed price. GST may be due and will be either included in the price or
    shown separately. We take no responsibility for this matter which is the
    Seller\u2019s responsibility.
    4.6 We do not offer delivery services through our Website. It is the
    responsibility of the Seller and Buyer to arrange this.
    4.7 Neither we nor the Seller can be responsible for action by any
    governmental authority. We do not know and are not responsible for
    duties, taxes, delays or impounding of any item.
    4.8 You are required to pay in the currency in which the Product is listed for
    sale on Our Website which is in Australian Dollars unless otherwise
    agreed.
    4.9 Every sale will be subject to the laws applicable but there shall not be
    implied any right which is neither a legal right nor set down in these
    terms and conditions.
    4.10 We will not retain information relating to your payment or credit card.
    This financial information never comes into our control. The information
    is given into a page which is in reality a page of our payment service
    provider. For detailed about disclosure of personal information please
    see our privacy notice.<\/li>\n\n
  5. Security of your Credit \/ Debit Card Details
    We take care to make Our Website safe for you to use.
    5.1 Card payments are not processed through pages controlled by us. We
    use one or more online payment service providers who will encrypt your
    card or bank account details in a secure environment.<\/li>\n\n
  6. Products returned
    These provisions apply in the event that you return any Product to the Seller
    for any reason:
    6.1 The Seller does not accept returns unless there was a defect in the
    Product at the time of purchase, or the Seller has agreed in
    correspondence that you may return it.
    6.2 Before you return a Product to the Seller, please carefully re-read the
    instructions and check that you have assembled it correctly and
    complied with any provisions relating to the power supply, plugs and
    sockets.
    6.3 The Products must be returned to the Seller as soon as any defect is
    discovered but not later than 15 days.
    6.4 So far as possible, a Product should be returned:
    6.4.1 with both Product and all packaging as far as possible in their
    original condition;
    6.4.2 securely wrapped;
    6.4.3 including the Seller\u2019s delivery slip;
    6.4.4 at your risk and cost.
    6.5 We advise you to follow the returns procedure set out on your Seller\u2019s
    website or otherwise in the Seller\u2019s terms and conditions, if any. If you
    do not do so, the Seller may be unable to identify you as the sender of
    the Products.
    6.6 If the Seller agrees that the Product is faulty, the Seller will:
    6.6.1 refund the cost of return carriage;
    6.6.2 repair or replace the Product as he chooses.
    6.7 Gearshifter will not be responsible for any failure by the Seller to refund
    you or repair and or replace any Product supplied by the Seller to you.<\/li>\n\n
  7. How we handle your Content
    7.1 Our privacy policy is strong and precise. It complies fully with current
    privacy law which can be located on our website.
    7.2 If you Post Content to any public area of Our Website it becomes
    available in the public domain. We have no control over who sees it or
    what anyone does with it.
    7.3 Even if access to your text is behind a user registration it remains
    effectively in the public domain because someone has only to register
    and log in, to access it. You should therefore avoid Posting
    unnecessary confidential information.
    7.4 We need the freedom to be able to publicise our Services and your own
    use of them. You therefore now irrevocably grant us the right and
    licence to edit, copy, publish, distribute, translate and otherwise use
    any Content that you place on Our Website, in public domains and in
    any medium. You represent and warrant that you are authorised to
    grant all such rights.
    7.5 We will use that licence only for commercial purposes of the business
    of Our Website and will stop using it after a commercially reasonable
    period of time.
    7.6 We may be required under legal compulsion to provide any Content
    that you place on our website to a relevant authority.
    7.7 You agree to any act or omission which may otherwise infringe your
    right to be identified as the author and your right to object to derogatory
    treatment of your work as provided in the Copyright Act 1968.
    7.8 You now irrevocably authorise us to publish feedback, comments and
    ratings about your activity through Our Website, even though it may be
    defamatory or critical.
    7.9 Posting content of any sort does not change your ownership of the
    copyright in it if it belongs to another person originally. With respect to
    such content, we have no claim over it and we will not protect your
    rights for you.
    7.10 You understand that you are personally responsible for your breach of
    someone else\u2019s intellectual property rights, defamation, or any law,
    which may occur as a result of any Content having been Posted by you.
    7.11 You accept all risk and responsibility for determining whether any
    Content is in the public domain and not confidential.
    7.12 Please notify us of any security breach or unauthorised use of your
    account.
    7.13 We do not solicit ideas or text for improvement of our Service, but if you
    do send to us material of any sort, you are deemed to have granted us
    a licence to use it in the terms set out at sub paragraph 7.4 above.<\/li>\n\n
  8. Restrictions on what you may Post to Our Website
    We invite you to Post Content to Our Website in several ways and for different
    purposes. We have to regulate your use of Our Website to protect our
    business and our staff, to protect other users of Our Website and to comply
    with the law. These provisions apply to all users of Our Website.
    We do not undertake to moderate or check every item Posted, but we do
    protect our business vigorously. If we believe Content Posted breaches the
    law, we shall co-operate fully with the law enforcement authorities in whatever
    ways we can.
    You agree that you will not use or allow anyone else to use Our Website to
    Post Content or undertake any activity which is or may:
    8.1 be unlawful, or tend to incite another person to commit a crime;
    8.2 consist in commercial audio, video or music files;
    8.3 be obscene, offensive, threatening, violent, malicious or defamatory;
    8.4 be sexually explicit or pornographic;
    8.5 be likely to deceive any person or be used to impersonate any person,
    or to misrepresent your identity, age or affiliation with any person;
    8.6 use a Posting to solicit responses unconnected with the purpose of Our
    Website or the terms proposed by this agreement;
    8.7 request or collect passwords or other personal information from another
    user without his permission, nor Post any unnecessary personal
    information about yourself;
    8.8 be used to sell any goods or services or for any other commercial use
    not intended by us, for yourself or for any other person. Examples are:
    sending private messages with a commercial purpose, or collecting
    information with the intention of passing it to a third party for his
    commercial use;
    8.9 include anything other than words (i.e. you will not include any symbols
    or photographs) except for a photograph of yourself in your profile in
    such place as we designate;
    8.10 facilitate the provision of unauthorised copies of another person’s
    copyright work;
    8.11 link to any of the material specified in this paragraph;
    8.12 use distribution lists that include people who have not given specific
    permission to be included in such distribution process;
    8.13 send age-inappropriate communications or Content to anyone under
    the age of 18.<\/li>\n\n
  9. Your Posting: restricted content
    In connection with the restrictions set out below, we may refuse or edit or
    remove a Posting which does not comply with these terms.
    In addition to the restrictions set out above, a Posting must not contain:
    9.1 hyperlinks, other than those specifically authorised by us;
    9.2 keywords or words repeated, which are irrelevant to the Content
    Posted.
    9.3 the name, logo or trademark of any organisation other than yours.
    9.4 inaccurate, false, or misleading information.
    9.5 We may remove any posted content on our website in our unfettered
    discretion.<\/li>\n\n
  10. Removal of offensive Content
    10.1 For the avoidance of doubt, this paragraph is addressed to any person
    who comes on Our Website for any purpose.
    10.2 We are under no obligation to monitor or record the activity of any user
    of Our Website for any purpose, nor do we assume any responsibility to
    monitor or police Internet-related activities. However, we may do so
    without notice to you and without giving you a reason.
    10.3 If you are offended by any Content, the following procedure applies:
    10.3.1 your claim or complaint must be submitted to us in the form
    available on Our Website, or contain the same information as
    that requested in our form. It must be sent to us by post or email.
    10.3.2 we shall remove the offending Content as soon as we are
    reasonably able.
    10.3.3 after we receive notice of a claim or complaint, we shall
    investigate so far as we alone decide.
    10.3.4 we may re-instate the Content about which you have complained
    or we may not.
    10.4 In respect of any complaint made by you or any person on your behalf,
    whether using our form of complaint or not, you now irrevocably grant to
    us a licence to publish the complaint and all ensuing correspondence
    and communication, without limit.
    10.5 You now agree that if any complaint is made by you frivolously or
    vexatiously you will indemnify us for the cost of our investigation
    including legal fees, if any and if we request this.<\/li>\n\n
  11. Security of Our Website
    If you violate Our Website we may take legal action against you.
    You now agree that you will not, and will not allow any other person to:
    11.1 modify, copy, or cause damage or unintended effect to any portion of
    Our Website, or any software used within it.
    11.2 link to Our Website in any way that would cause the appearance or
    presentation of Our Website to be different from what would be seen by
    a user who accessed Our Website by typing the URL into a standard
    browser;
    11.3 download any part of Our Website, without our express written consent;
    11.4 collect or use any product listings, descriptions, or prices;
    11.5 collect or use any information obtained from or about Our Website or
    the Content except as intended by this agreement;
    11.6 aggregate, copy or duplicate in any manner any of the Content or
    information available from Our Website, other than as permitted by this
    agreement or as is reasonably necessary for your use of the Services;
    11.7 share with a third party any login credentials to Our Website.<\/li>\n\n
  12. Copyright and other intellectual property rights
    12.1 All Content on Our Website, for example page text, graphics, logos,
    images, audio clips, digital downloads, data compilations, and software,
    is the property of either us or our affiliates or suppliers of Products for
    sale. It is all protected by international copyright laws.
    12.2 You may not copy, or in any way exploit any of the Content, except as
    is expressly permitted in this agreement or with our written consent. For
    the sake of good order you should note that copyright exists in
    compilations and graphic images, shapes and styles, as well as in raw
    text.<\/li>\n\n
  13. Interruption to the Gearshifter Service
    13.1 We give no warranty that the Gearshifter Service will be satisfactory to
    you.
    13.2 We will do all we can to maintain access to Our Website, but it may be
    necessary for us to suspend all or part of Gearshifter Service for
    repairs, maintenance or other reason. We may do so without telling you
    first.
    13.3 You acknowledge that our Service may also be interrupted for reasons
    beyond our control.
    13.4 You agree that we are not liable to you for any loss whether
    foreseeable or not, arising as a result of interruption to our Service.<\/li>\n\n
  14. Our disclaimers
    14.1 Our Website contains links to other Internet websites. We have neither
    power nor control over any such website. You acknowledge and agree
    that we shall not be liable in any way for the Content of any such linked
    website, nor for any loss or damage arising from your use of any such
    website.
    14.2 We are not liable in any circumstances for special, indirect,
    consequential damages or any damages whatsoever resulting from loss
    of use, loss of data or loss of revenues or profits, whether in an action
    of contract, negligence or otherwise, arising out of or in connection with
    your use of Our Website.
    14.3 The Gearshifter Website and Gearshifter Services are provided \u201cas is\u201d.
    We make no representation or warranty of any kind, express or implied,
    including, without limitation, any warranty that either of them will be:
    14.3.1 of satisfactory quality;
    14.3.2 fit for a particular purpose;
    14.3.3 available or accessible, without interruption, or without error.
    14.4 So far as concerns a Product you buy through Our Website, we are not
    liable for:
    14.4.1 any product or service complying with the requirement of any law
    or being available;
    14.4.2 the Seller performing his contract.
    14.5 You now expressly release us from any and all claims and liability
    known and unknown, arising in any way from a dispute between you
    and a Seller.<\/li>\n\n
  15. Indemnity
    You agree to indemnify us against any loss, damage or liability, suffered by us
    at any time and arising out of:
    15.1 any act, neglect or default of yours in connection with this agreement or
    your use of the Services;
    15.2 your breach of this agreement;
    15.3 your failure to comply with any law;
    15.4 a contractual claim arising from your use of the Services and purchase
    of a Product.<\/li>\n\n
  16. Miscellaneous matters
    16.1 If any term or provision of this agreement is at any time held by any
    jurisdiction to be void, invalid or unenforceable, then it shall be treated
    as changed or reduced, only to the extent minimally necessary to bring
    it within the laws of that jurisdiction and to prevent it from being void
    and it shall be binding in that changed or reduced form. Subject to that,
    each provision shall be interpreted as severable and shall not in any
    way affect any other of these terms.
    16.2 If you are in breach of any term of this agreement, we may:
    16.2.1 publish all text and Content relating to the claimed breach,
    including your name and email address and all correspondence
    between us and our respective advisers; and you now
    irrevocably give your consent to such publication.
    16.2.2 terminate your account and refuse access to Our Website;
    16.2.3 remove or edit Content, or cancel any order at our discretion;
    16.2.4 issue a claim in any court.
    16.3 Any obligation in this agreement intended to continue to have effect
    after termination or completion shall so continue.
    16.4 No failure or delay by us to exercise any right, power or remedy will
    operate as a waiver of it nor indicate any intention to reduce that or any
    other right in the future.
    16.5 When you visit Our Website or send messages to us by email, you are
    communicating with us electronically. We communicate with you by email
    or by posting notices on Our Website. You agree that all our
    electronic communications satisfy any legal requirement that such
    communications be in writing.
    16.6 Any communication to be served on either of us by the other shall be
    delivered by hand or sent by express post or recorded delivery or, if we
    provide prior agreement, by e-mail.
    It shall be deemed to have been delivered:
    if delivered by hand: on the day of delivery;
    if sent by post to the correct address: within 72 hours of posting;
    If sent by e-mail to the address from which the receiving party
    has last sent e-mail: within 24 hours if no notice of non-receipt
    has been received by the sender (subject to prior agreement to
    service by email).
    16.7 In the event of a dispute between us, then, if we so ask, you undertake
    to attempt to settle the dispute by engaging in good faith with us in a
    process of mediation before commencing arbitration or litigation.
    16.8 So far as the law permits, and unless otherwise stated, this agreement
    does not give any right to any third party.
    16.9 We shall not be liable for any failure or delay in our performance of this
    agreement which is caused by circumstances beyond our reasonable
    control, including, but not limited to, any labour dispute, pandemic or
    natural disaster.
    16.10 In the event of any conflict between any term of this agreement and the
    provisions of the constitution of a limited company or any comparable
    document intended to regulate any other corporate or collective body,
    then the terms of this agreement shall prevail.
    16.11 This agreement shall not be governed by the United Nations
    Convention on Contracts for the International Sale of Goods, the
    application of which is hereby expressly excluded.
    16.12 The validity, construction and performance of this agreement shall be
    governed by the laws of the State of Victoria and you agree that any
    dispute arising from it shall be litigated only in that State.<\/li>\n<\/ol>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

    Gearshifter Website terms and conditions for buyersTerms and Conditions applicable to a buyer of Products using Gearshifter BuySell Trade Pty Ltd (ACN 640 595 599) (\u201cGearshifter\u201d).These terms and conditions are the contract between you and Gearshifter (\u201cus\u201d, \u201cwe\u201d,etc). By visiting or using Our Website, you agree to be bound by them. Our Suppliers(Sellers) may also […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-305","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/gearshifter.com.au\/index.php?rest_route=\/wp\/v2\/pages\/305","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gearshifter.com.au\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/gearshifter.com.au\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/gearshifter.com.au\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gearshifter.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=305"}],"version-history":[{"count":14,"href":"https:\/\/gearshifter.com.au\/index.php?rest_route=\/wp\/v2\/pages\/305\/revisions"}],"predecessor-version":[{"id":1762,"href":"https:\/\/gearshifter.com.au\/index.php?rest_route=\/wp\/v2\/pages\/305\/revisions\/1762"}],"wp:attachment":[{"href":"https:\/\/gearshifter.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=305"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}